-OP The Humane Society of the United States v. Hallmark Meat Packing Company et al
Filing
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FINAL JUDGMENT ON CONSENT AS TO WESTLAND MEAT COMPANY INC by Judge Virginia A. Phillips Re Stipulation 488 : IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Court has jurisdiction over this action under the laws of the United States, 28 U .S.C. §1345 and 31 U.S.C. § 3732 and over the parties to this action. 2. Venue lies with this Court pursuant to 28 U.S.C. § 1391(b). 3. On February 19, 2008, the Humane Society of the United States (HSUS) commenced this action by fil ing a complaint in the United States District Court for the Central District of California pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b) (the Civil Action). 4. On April 20, 2009, the United States intervened i n the Civil Action. Thereafter, the United States filed the following complaints in intervention: United States Complaint in Intervention, dated August 21, 2009 (ECF Doc. No. 22); United States First Amended Complaint in Intervention, dated March 29, 2010 (ECF Doc. No. 43); and the United States Second Amended Complaint in Intervention, dated December 15, 2010 (ECF Doc. No. 167) (the Complaint). 5. The parties have reached a settlement in principle and, in consideration for and as one of t he material terms of the settlement, Westland has consented to entry of this Judgment pursuant to the terms hereof. 6. Judgment is hereby entered against Westland in the amount of $155,684,827.13. 7. This Judgment is not, and shall not be, inte nded or construed as an admission by Westland of any facts, claims or allegations in the Complaint. 8. This Judgment shall not be used, and is prohibited from being used, as evidence of liability or admission of any facts, claims or allegations wit h respect to Westland or any other defendant in this Civil Action, or in any other legal and/or administrative proceeding that may be brought by the United States or any other person or entity in any other action, regardless of forum and whether related and/or unrelated to the facts, claims and/or allegations in the Complaint. 9. The Plaintiffs may not collect this judgment against any named defendant other than Westland Meat Company, Inc. The Plaintiffs, jointly and severally, waive and disclaim any and all rights that they, collectively or individually, may have to pursue any collection actions against any named defendant other than Westland Meat Company, Inc., on any theory, including, but not limited to, alter ego, secondary liability, derivative liability, and/or joint venture liability. IT IS SO ORDERED. (MD JS-6, Case Terminated). (ad)
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA ex rel. Case No.: EDCV 08-0221 VAP
THE HUMANE SOCIETY OF THE
(OPX)
UNITED STATES,
FINAL JUDGMENT ON
Plaintiffs,
CONSENT AS TO WESTLAND
vs.
MEAT COMPANY, INC.
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WESTLAND/HALLMARK MEAT
COMPANY, et. al.,
Defendants.
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CONSENT JUDGMENT AS TO WESTLAND MEAT COMPANY, INC.
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This matter, having come on for consideration upon the Second
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Amended Complaint in Intervention filed by plaintiff the United States of
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America, acting through the United States Department of Justice ( the “United
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States”), for certain claims of relief against defendant Westland Meat Company,
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Inc. (“Westland”) and other parties, including violations of False Claims Act, 31
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U.S.C. §§ 3729 et seq.; and Westland having stipulated to the entry of judgment
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against it, under the terms provided herein;
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
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1.
This Court has jurisdiction over this action under the laws of the
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United States, 28 U.S.C. §1345 and 31 U.S.C. § 3732 and over the parties to this
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action.
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2.
Venue lies with this Court pursuant to 28 U.S.C. § 1391(b).
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3.
On February 19, 2008, the Humane Society of the United States
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(“HSUS”) commenced this action by filing a complaint in the United States
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District Court for the Central District of California pursuant to the qui tam
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provisions of the False Claims Act, 31 U.S.C. § 3730(b) (the “Civil Action”).
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4.
On April 20, 2009, the United States intervened in the Civil Action.
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Thereafter, the United States filed the following complaints in intervention: United
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States’ Complaint in Intervention, dated August 21, 2009 (ECF Doc. No. 22);
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United States’ First Amended Complaint in Intervention, dated March 29, 2010
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(ECF Doc. No. 43); and the United States’ Second Amended Complaint in
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Intervention, dated December 15, 2010 (ECF Doc. No. 167) (the “Complaint”).
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5.
The parties have reached a settlement in principle and, in
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consideration for and as one of the material terms of the settlement, Westland has
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consented to entry of this Judgment pursuant to the terms hereof.
-1CONSENT JUDGMENT AS TO WESTLAND MEAT COMPANY, INC.
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6.
Judgment is hereby entered against Westland in the amount of
$155,684,827.13.
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This Judgment is not, and shall not be, intended or construed as an
admission by Westland of any facts, claims or allegations in the Complaint.
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This Judgment shall not be used, and is prohibited from being used, as
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evidence of liability or admission of any facts, claims or allegations with respect to
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Westland or any other defendant in this Civil Action, or in any other legal and/or
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administrative proceeding that may be brought by the United States or any other
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person or entity in any other action, regardless of forum and whether related and/or
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unrelated to the facts, claims and/or allegations in the Complaint.
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9.
The Plaintiffs may not collect this judgment against any named
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defendant other than Westland Meat Company, Inc. The Plaintiffs, jointly and
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severally, waive and disclaim any and all rights that they, collectively or
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individually, may have to pursue any collection actions against any named
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defendant other than Westland Meat Company, Inc., on any theory, including, but
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not limited to, alter ego, secondary liability, derivative liability, and/or joint
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venture liability.
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IT IS SO ORDERED.
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Dated this _2d_ day of December, 2013.
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BY THE COURT:
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United States District Judge
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-2CONSENT JUDGMENT AS TO WESTLAND MEAT COMPANY, INC.
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APPROVED AS TO FORM AND CONTENT:
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WESTLAND MEAT COMPANY, INC.
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DATED:__________, 2013
BY: _____________________________
STEVE MENDELL
President
DATED:__________, 2013
BY: _____________________________
MARK R. TROY
Counsel for Defendant Westland
Meat Company, Inc.
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THE HUMANE SOCIETY OF THE UNITED STATES
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DATED:__________, 2013
BY: _____________________________
JONATHAN R. LOVVORN
Senior Vice President
DATED:__________, 2013
BY: _____________________________
DAVID S. COHEN
Counsel for The Humane Society
of the United States
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-3CONSENT JUDGMENT AS TO WESTLAND MEAT COMPANY, INC.
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THE UNITED STATES OF AMERICA
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DATED: __________, 2013
BY: ______________________________
DAVID K. BARRETT
Assistant United States Attorney
Central District of California
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-4CONSENT JUDGMENT AS TO WESTLAND MEAT COMPANY, INC.
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